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26.9.

98 EN Official Journal of the European Communities C 299/29

Action brought on 5 August 1998 by the Commission of The applicant claims that the Court should:
the European Communities against Ireland
(Case C-308/98) 1. declare that, by failing to adopt within the prescribed
period the laws, regulations and administrative
(98/C 299/44) provisions necessary to comply with European
Parliament and Council Directive 94/47/EC of
An action against Ireland was brought before the Court of 26 October 1994 on the protection of purchasers in
Justice of the European Communities on 5 August 1998 respect of certain aspects of contracts relating to the
by the Commission of the European Communities, purchase of the right to use immovable properties on a
represented by Götz zur Hausen, its legal adviser, and timeshare basis (1), the Kingdom of Spain has failed to
Michael Shotter, a national official seconded to the fulfil its obligations under that Directive;
Commission under an arrangement for the exchange of
officials, acting as agents, with an address for service in 2. order the Kingdom of Spain to pay the costs.
Luxembourg at the office of Carlos Gómez de la Cruz, a
member of the Legal Service of the Commission, Centre Pleas in law and main arguments adduced in support:
Wagner.
The mandatory nature of the provisions of the third
The applicant claims that the Court should: paragraph of Article 189 and the first paragraph of
Article 5 of the EC Treaty requires Member States to
adopt the measures necessary to transpose directives
Ð declare that by failing to adopt the laws, regulations addressed to them into their domestic law before the
or administrative provisions necessary to comply with expiry of the period prescribed for doing so and forthwith
Council Directive 94/69/EC of 19 December 1994 to inform the Commission thereof. That period, which is
adapting to technical progress for the twenty-first time laid down in Article 12 of Directive 94/47/EC, expired on
Council Directive 67/548/EEC on the approximation 29 April 1997 without Spain having brought into force
of laws, regulations and administrative provisions the necessary provisions.
relating to the classification, packaging and labelling
of dangerous substances (1), and/or by failing to inform
(1) OJ L 280, 29.10.1994, p. 83.
the Commission thereof, Ireland has failed to fulfil its
obligations under that Directive, and

Ð order Ireland to pay the costs.

Pleas in law and main arguments adduced in support: Actions brought on 18 August 1998 by the Commission of
the European Communities against the Kingdom of
Belgium, the Grand Duchy of Luxembourg and the French
Article 189 of the EC Treaty, under which a directive shall
Republic
be binding, as to the result to be achieved, on each
Member State, carries by implication an obligation on the (Cases C-319/98, C-320/98 and C-321/98)
Member States to observe the period for compliance laid (98/C 299/46)
down in the Directive. That period expired on 1 September
1996 without Ireland having enacted the provisions
necessary to comply with the Directive referred to in the Three actions against the Kingdom of Belgium (Case
conclusions of the Commission. C-319/98), the Grand Duchy of Luxembourg (C-320/98)
and the French Republic (Case C-321/98) respectively
(1) OJ L 381, 31.12.1994, p. 1. were brought before the Court of Justice of the European
Communities on 18 August 1998 by the Commission of
the European Communities, represented by Pieter van
Nuffel, of its Legal Service, acting as Agent, with an
address for service in Luxembourg at the office of Carlos
Gómez de la Cruz, of its Legal Service, Wagner Centre,
Kirchberg.
Action brought on 11 August 1998 by the Commission of
the European Communities against the Kingdom of Spain The applicant claims that the Court should:
(Case C-311/98)
(98/C 299/45) Ð declare that, by failing to bring into force within the
prescribed period the laws, regulations and
administrative provisions necessary to comply with
An action against the Kingdom of Spain was brought European Parliament and Council Directive 94/47/EC
before the Court of Justice of the European Communities of 26 October 1994 on the protection of purchasers in
on 11 August 1998 by the Commission of the European respect of certain aspects of contracts relating to the
Communities, represented by Carlos Gómez de la Cruz, of purchase of the right to use immovable properties on a
its Legal Service, acting as Agent, with an address for timeshare basis (1), and, in any event, by failing
service in Luxembourg at the office of Carlos Gómez de la to notify the abovementioned provisions to the
Cruz, of its Legal Service, Wagner Centre, Kirchberg. Commission, the Kingdom of Belgium, the Grand
C 299/30 EN Official Journal of the European Communities 26.9.98

Duchy of Luxembourg and the French Republic have Pleas in law and main arguments adduced in support:
failed to fulfil their obligations under that Directive;
The pleas in law and main arguments are analogous to
those put forward in Case C-311/98 (2).
Ð order the Kingdom of Belgium, the Grand Duchy of
Luxembourg and the French Republic respectively to (1) OJ L 280, 29.10.1994, p. 83.
pay the costs. (2) See page 29 of this Official Journal.

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE JUDGMENT OF THE COURT OF FIRST INSTANCE
of 14 July 1998 (Third Chamber, extended composition)
in Case T-119/95: Alfred Hauer v. Council of the
European Union and Commission of the European of 16 July 1998
Communities (1)
in Case T-109/96: Gilberte Gebhard v. European
(Action for annulment Ð Regulation (EEC) No 816/92 Ð Parliament (1)
Time limit for bringing proceedings Ð Admissibility Ð
Action for damages Ð Common organisation of the (Officials Ð Auxiliary staff Ð Auxiliary session
market in milk and milk products Ð Reference quantities interpreters of the European Parliament Ð Legality of
Ð Additional levy Ð Reduction of reference quantities levying Community tax on their remuneration)
without compensation)
(98/C 299/48)
(98/C 299/47)

(Language of the case: German)
(Language of the case: French)

In Case T-119/95: Alfred Hauer, residing in Niederweiler
(Germany), represented by FrancËois, Neuhaus & Co., with
an address for service in Luxembourg at the Chambers of
In Case T-109/96: Gilberte Gebhard, conference
Annick Wurth, 100 Boulevard de la PeÂtrusse v. the
interpreter, residing in Heidelberg (Germany), represented
Council of the European Union (Agent: Arthur Brautigam)
by Thierry Schmitt and Pierre Soler-Couteaux, of the
and the Commission of the European Communities
Strasbourg Bar, against European Parliament (Agents:
(Agent: Klaus-Dieter Borchardt) Ð application for
Manfred Peter, Didier Petersheim and JoaÄo Sant'Anna) Ð
annulment of Council Regulation (EEC) No 816/92 of
application for reimbursement of Community tax levied
31 March 1992 amending Regulation (EEC) No 804/68
on two payments of remuneration to the applicant Ð the
on the common organisation of the market in milk and
Court of First Instance (Third Chamber, extended
milk products (2) and for compensation for the damage
composition), composed of: V. Tiili, President, C. P. BrieÈt,
suffered as a result of the application of that Regulation
K. Lenaerts, A. Potocki and J. D. Cooke, Judges; A. Mair,
Ð the Court (First Chamber), composed of: B. Vesterdorf,
Administrator, for the Registrar, has given a judgment on
President, C. W. Bellamy and R. M. Moura Ramos,
16 July 1998, in which it:
Judges; A. Mair, Administrator, for the Registrar, has
given a judgment on 14 July 1998, in which it:

1. dismisses the claim for annulment as inadmissible; 1. dismisses the application;

2. dismisses the claim for compensation as unfounded;
2. orders the parties to bear their own costs.
3. orders the applicant to pay the costs.

(1) OJ C 294, 5.10.1996.
(1) OJ C 208, 12.8.1995.
(2) OJ L 86, 1.4.1992, p. 83.